Apple/Samsung patent tussle to go before jury for first time

7/30/2012 12:19:09 PM
Apple/Samsung patent tussle to go before jury for first time

The patent wars between Apple and Samsung will go before a jury for the first time later today (30 July) as a federal court in California hears a $2.5bn infringement dispute.

Each company is claiming its rival infringed patents including technology and design. Samsung's first Galaxy smartphone, which was released in 2009, is at the centre of the dispute. Apple claims the smartphone mimicks some of the iPhone's key features. However, Samsung argues its designs have existed for some time and it has a portfolio of patents to cover the technology used in its smartphone range.

The Times reported legal documents filed by Apple last week, which said: 'Samsung cannot change the central fact that its products are strikingly similar to Apple's patented designs. Nor can it change the novelty and extraordinary success of Apple's designs. Samsung will instead attempt to confuse the issues with a hodepodge of defences based on incorrect legal standards. Samsung's defences will fail.'

Apple is seeking damages of more than $2.5bn.

Samsung hit back and is countersuing Apple. It said: 'Contrary to Apple's accusations, Samsung does not need or want to copy; rather, it strives to best the competition by developing multiple, unique products.'

Samsung is demanding royalties of up to 2.4% on each Apple device sold that infringes its mobile technology standards and three utility patents.

According to Bloomberg, the Korean manufacturer is expected to show how it was developing next generation devices in 2006, a year before the iPhone launch, which sported a rounded rectangular body, a large display screen and a single button.

US district judge Lucy Koh will hear the case in a district court in San Jose, California.